Five Killer Quora Answers To Auto Accident Law
Phases of an Auto Accident Lawsuit
Medical bills, property damage, and lost wages can be substantial after an auto accident law firms accident (xilubbs.xclub.tw). An experienced lawyer can assist you in getting the justice you deserve.
The process can vary from case-to-case, but usually begins with the filing of the complaint. The discovery phase, trial and appeals are the next step.
Medical Records
Medical records are an important element in any auto accident lawsuit. They can assist the jury or judge understand the impact of the accident on your life. This includes the financial, emotional, and physical costs. Insurance companies will find it difficult to argue with the information provided by medical records.
You might only have a limited amount of time, contingent on the laws of your state and the policies of your doctor to obtain medical records. This is why it is important to contact your lawyer as soon as possible after an accident. The law safeguards your access to these records through the Health Information Portability and Accountability Act (HIPAA). But, this doesn't mean that only you or your lawyer will be able to access your medical records. Insurance companies are always looking for any sign that could indicate your injuries might not be the severity you claim or if you have pre-existing injuries.
Your lawyer will make use of the medical records you provide to prepare the letter of demand that includes evidence to justify the damages you are seeking. Your lawyer should only provide the relevant medical documents to your insurance company. They may ask you to grant them permission to access your complete medical record. This is not in the best interest of your claim since it could reveal past injuries not related to the claim.
Reports of the Police
Every time a police officer responds to a request for assistance, or an accident, auto accident he or she prepares a police report. While they cannot be used in a court of law (they are considered to be hearsay) they are valuable information to attorneys when they are investigating and preparing cases.
A police report is an independent account of the crash that is based on the witness testimony of the officer and his observations of the weather conditions, the drivers, and a variety of other factors. It is a crucial piece of evidence which can aid you in winning an auto accident lawsuit.
Typically, you can request a copy of your police report from the local police department that handled the investigation by calling their emergency number and supplying the receipt or incident number to identify the report. You can also request copies of police reports through the department's website.
After your medical bills as well as property damage and lost wages exceed an amount that is a certain amount, you will need to file a lawsuit against the driver who is at fault. The police report can be a valuable tool during settlement negotiations, especially in cases where you can show that the other driver was at fault based on the police officer's observations. But, many cases settle an agreement without going to trial. It could take a long time to work through the pre-trial steps and your case may not be resolved for a year or more.
Insurance Company Negotiations
Once an adjuster has all of the information they require from you and the investigation into the car accident, they will extend an offer for settlement. They will input all the information and facts into a computer program in order to generate their initial offer. They'll most likely come up with a number that's much lower than what you calculated from your study. When insurance companies offer settlement offers, they have their own financial interest in their minds.
They'll be looking to reduce the amount they have to pay in medical bills and other damages. You can fight back by highlighting all the ways that your injuries will impact your life in the near future. For instance, you could mention your increasing medical bills and the loss of earnings potential, as well as the mental and physical suffering you're feeling.
Your attorney or you then draft an official demand letter and present it to an insurer. This letter should include all the evidence you've gathered such as witnesses' statements and photographs of your injuries. You should also create a list of the items you cannot negotiate, so you can deter the insurance company from undercutting you. When an agreement is reached and ratified, it will be included in the form of a written settlement agreement. Negotiations often involve back and forth affair, but being patient can aid in achieving a fair settlement.
Legal Advice
The next phase in the car accident lawsuit is discovery, where the parties exchange information and evidence. The parties may request medical records, police reports, and witness statements. The parties will also exchange interrogatories, which are written questions that must be answered on an oath within certain times. Your attorney will also document the severity of physical, emotional, and psychological injuries you've suffered, in addition to any other damages that could be sought, including current and projected medical expenses, property damage, and lost wages.
Your lawyer will talk to other experts, Auto Accident like mechanics, medical experts and engineers. These experts can help the jury get an accurate picture of your injuries and the accident.
Your lawyer will then start discussions with the insurance companies to resolve your case with no trial. If the insurance company fails to offer an acceptable settlement or does not take into account your injuries and other losses, your case will likely be heard in court.
Although a small percentage of cases make it to trial, it is vital for the victims to file a lawsuit as soon as possible. With time memories fade, witnesses pass away, and evidence disappears and it becomes more difficult to make a strong claim for the most compensation. Additionally, you must comply with the statute of limitations in your state, which could be anywhere from one to six years.